AuthorTitleCitationSummaryYearKey terms In Title or Summary
Danna Z. Elmasry FIGHTING GLOBAL SURVEILLANCE: LESSONS FROM THE AMERICAN MUSLIM COMMUNITY 55 University of Michigan Journal of Law Reform 885 (Summer, 2022) The United States government has been spying on its citizens through a massive surveillance infrastructure that is unrestricted to a particular target or suspicion of wrongdoing. The statutory and regulatory authorities responsible for this infrastructure are sprawling and often secret. Built-in limitations and oversight mechanisms are riddled with... 2022 Yes
Alex B. Long OF PROSECUTORS AND PREJUDICE (OR "DO PROSECUTORS HAVE AN ETHICAL OBLIGATION NOT TO SAY RACIST STUFF ON SOCIAL MEDIA?") 55 U.C. Davis Law Review 1717 (February, 2022) C1-2Table of Contents Introduction. 1719 I. The Special Role of Prosecutors and Public Perception of the Criminal Justice System. 1725 II. The Rules of Professional Conduct and Extra-prosecutorial Speech Manifesting Bias. 1729 A. Rule 3.8: Special Responsibilities of a Prosecutor. 1729 B. Rule 8.4(g): Discrimination. 1730 C. Rule 8.4(d): Conduct... 2022  
Cyra Akila Choudhury RACECRAFT AND IDENTITY IN THE EMERGENCE OF ISLAM AS A RACE 91 University of Cincinnati Law Review 1 (2022) Introduction. 3 I: The Myth of Race and Reality of Fluid Racial Identities. 6 The Myth of Race. 6 Fluid Identities and Multiple Subordinations. 10 Muslim/Islamicized Identities as Cosynthetic Identities. 15 II. A Genealogy of Islam-as-Race. 18 Thread 1: Connecting Black Islam from Slavery to Anti-Islam Immigration Laws and the Civil Rights... 2022 Yes
E. Tendayi Achiume RACIAL BORDERS 110 Georgetown Law Journal 445 (March, 2022) This Article explores the treatment of race and racial justice in dominant liberal democratic legal discourse and theory concerned with international borders. It advances two analytical claims. The first is that contemporary national borders of the international order--an order that remains structured by imperial inequity--are inherently racial.... 2022  
Asma T. Uddin RELIGIOUS LIBERTY INTEREST CONVERGENCE 64 William and Mary Law Review 83 (October, 2022) Americans are deeply polarized on a plethora of issues. One of the most prominent areas of polarization is religious liberty, which in recent years has increasingly pitted conservative, white Christians against a range of marginalized minorities, particularly Muslims. The divide threatens Muslims' rights and the vitality of religious liberty more... 2022 Yes
Portia Pedro A PRELUDE TO A CRITICAL RACE THEORETICAL ACCOUNT OF CIVIL PROCEDURE 107 Virginia Law Review Online 143 (June, 2021) In this Essay, I examine the lack of scholarly attention given to the role of civil procedure in racial subordination. I posit that a dearth of critical thought interrogating the connections between procedure and the subjugation of marginalized peoples might be due to the limited experiences of procedural scholars; a misconception that procedural... 2021  
Kevin R. Johnson BRINGING RACIAL JUSTICE TO IMMIGRATION LAW 116 Northwestern University Law Review Online 1 (May 13, 2021) From at least as far back as the anti-Chinese laws of the 1800s, immigration has been a place of heated racial contestation in the United States. Although modern immigration laws no longer expressly mention race, their enforcement unmistakably impacts people of color from the developing world. Specifically, the laws, as enacted and... 2021  
Thomas D. Russell FRIVOLOUS DEFENSES 69 Cleveland State Law Review 785 (2021) This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs' bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash... 2021  
Darin E.W. Johnson HOMEGROWN AND GLOBAL: THE RISING TERROR MOVEMENT 58 Houston Law Review 1059 (Spring, 2021) White supremacist terrorism is a rising threat that has been overlooked by national security authorities as a global threat, even though white supremacist terrorism now surpasses Al Qaeda- and ISIS-associated terrorism in the scope and impact of its destructiveness in the United States. White supremacist terrorism has been viewed exclusively as... 2021  
James A. Gardner ILLIBERALISM AND AUTHORITARIANISM IN THE AMERICAN STATES 70 American University Law Review 829 (February, 2021) Federalism contemplates subnational variation, but in the United States, the nature and significance of that variation has long been contested. In light of the recent turn, globally and nationally, toward authoritarianism, and the concurrent sharp decline in public support not merely for democracy but also for the philosophical liberalism on which... 2021  
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Georgia State University Law Review 1139 (Summer, 2021) Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the... 2021  
Charlie Martel RACISM AND BIGOTRY AS GROUNDS FOR IMPEACHMENT 45 New York University Review of Law and Social Change 197 (2021) Building on years of anti-racist organizing and advocacy, millions of Americans took to the streets to protest racism and demand racial justice in mid-2020. Much of the protest was directed at President Donald Trump--a president whose words and actions were racially polarizing and who deliberately incited racist hostility. This president was also... 2021  
Monika Batra Kashyap TOWARD A RACE-CONSCIOUS CRITIQUE OF MENTAL HEALTH-RELATED EXCLUSIONARY IMMIGRATION LAWS 26 Michigan Journal of Race and Law 87 (Winter, 2021) C1-3TABLE OF CONTENTS R1-2INTRODUCTION . R388. I. The Key Tenets of Dis/ability Critical Race Theory. 90 II. The Eugenics Movement and Immigration Restriction. 92 A. The Three Pillars of the Eugenics Movement: White Supremacy, Racism, and Ableism. 94 B. The Impact of the Eugenics Movement on Mental Health-Related Immigrant Exclusion. 99 III. A... 2021  
John A. Powell , Eloy Toppin, Jr. UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING 11 Columbia Journal of Race and Law 1 (January, 2021) Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... 2021  
James Thuo Gathii WRITING RACE AND IDENTITY IN A GLOBAL CONTEXT: WHAT CRT AND TWAIL CAN LEARN FROM EACH OTHER 67 UCLA Law Review 1610 (April, 2021) This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to... 2021  
Mehwish Shaukat American Muslim Women: Who We Are and What We Demand from Feminist Jurisprudence 31 Hastings Women's Law Journal 155 (Summer, 2020) It is time for feminist jurisprudence to recognize American Muslim women (AMW) as a distinct and agentic group. For too long, feminist discourse has victimized and objectified Muslim women. Our identities are constructed, deconstructed, and weaponized to suit third party needs; yet, our voices are rarely heard. When feminist legal theories...; Search Snippett: ...her prayer beads at very particular hours. [FN43] Today, Black Muslims are the second largest racial group of Muslims in America at 25%. [FN44] Discussions on AMW must acknowledge the enormous... 2020 Yes
Daniel Mack An Era of Foreign Political Interference: Impulsive, Overcompensation of Australia, and a Comparison of Legislative Schemes with the United States 34 Emory International Law Review 367 (2020) In an era of fake news, where misinformation is spread through different types of media to intentionally deceive voters, foreign political interference and its opaqueness have become dangerous and far-reaching threats to democracy. In June 2018, Australia passed sweeping legislation to combat foreign interference in politics, resulting in the...; Search Snippett: ...descent. [FN126] Recent laws such as the travel ban, or Muslim Ban, implemented by the Trump Administration out of fear have led the United States to be viewed as racist, paranoid, and weak. [FN127] It is likely the same will... 2020  
Carrie L. Rosenbaum Anti-democratic Immigration Law 97 Denver Law Review 797 (Summer, 2020) [I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized...; Search Snippett: ...David Cole, Enemy Aliens, 54 Stan. L. Rev. 953 (2002) Racial Profiling in America, supra note 153, at 1035 & n.172 (citing Susan M... 2020  
Jason Pielemeier Disentangling Disinformation: What Makes Regulating Disinformation So Difficult? 2020 Utah Law Review 917 (2020) Since the 2016 U.S. elections, online disinformation has joined hate speech, terrorist incitement, and other forms of harmful online content as a key target for corporate and government policy makers. Most major content platforms have developed policies and other approaches for disinformation, while legislative and regulatory proposals...; Search Snippett: ...Entous et al., Russian Operatives Used Facebook Ads to Exploit America's Racial and Religious Divisions Wash. Post (Sept. 25, 2017, 03:15... 2020  
Khaled A. Beydoun Faith in Whiteness: Free Exercise of Religion as Racial Expression 105 Iowa Law Review 1475 (May, 2020) Faith in whiteness is the affirmation that religion remains forceful in shaping race and racial division. It is also the observation, born from formative contestations of racial exclusion and today's rising white populism, that central to the American experience is the conditioned belief that whiteness stands at the pinnacle of social...; Search Snippett: ...blackness standing as the foil for whiteness on the domestic racial front, [FN186] Islam served that very role with regard to America's imagining of itself as a civilization or spiritual being. American... 2020  
Sahar F. Aziz , Khaled A. Beydoun Fear of a Black and Brown Internet: Policing Online Activism 100 Boston University Law Review 1151 (May, 2020) Virtual surveillance is the modern extension of established policing models that tie dissident Muslim advocacy to terror suspicion and Black activism to political subversion. Countering Violent Extremism (CVE) and Black Identity Extremism (BIE) programs that specifically target Muslim and Black populations are shifting from on the ground to...; Search Snippett: ...religious identity). See generally Donna Auston, Mapping the Intersections of Islamophobia & #BlackLivesMatter: Unearthing Black Muslim Life & Activism in the Policing Crisis Sapelo (May 19, 2015), [ (addressing how Islamophobia and anti-Black racism function to simultaneously stigmatize Black Muslims... 2020  
Michael J. Klarman Foreword: the Degradation of American Democracy--and the Court 134 Harvard Law Review 1 (November, 2020) C1-2CONTENTS Introduction. 4 I. The Degradation of American Democracy. 11 A. The Authoritarian Playbook. 11 B. President Trump's Authoritarian Bent. 19 1. Attacks on Freedom of the Press and Freedom of Speech. 20 2. Attacks on an Independent Judiciary. 22 3. Politicizing Law Enforcement. 23 4. Politicizing the Rest of the Government. 25 5. Using...; Search Snippett: ...have also abjured the Court's traditional role in protecting vulnerable racial and religious minorities from discrimination by validating the Trump Administration's thinly veiled ban on Muslim travel to the United States. Part III concludes by discussing how constitutional interpretation works in... 2020  
Trina Jones , Jessica L. Roberts Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law 120 Columbia Law Review 1929 (November, 2020) Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use...; Search Snippett: theoretically unlawful with respect to immigration visas, [FN466] the United States has a long and regrettable history of adopting racist exclusionary policies, [FN467] including President Trump's infamous 2017 Muslim travel ban. [FN468] Despite troubling implications of the ban, the... 2020  
Engy Abdelkader Immigration in the Era of Trump: Jarring Social, Political, and Legal Realities 44 Harbinger 76 (April 24, 2020) In 2020, immigration is proving to be an election year issue. The Trump reelection campaign is strategically leveraging it as a political narrative to win votes while further polarizing an already fractured nation along ideological and partisan lines. Indeed, a review of related public opinion surveys may prove illuminating on this score. According...; Search Snippett: ...Than Ever: How Latinos Are Changing Their Lives in Trump's America Guardian (Oct. 7, 2019), news/2019/oct... 2020  
Natalie Gomez-Velez Judicial Selection: Diversity, Discretion, Inclusion, and the Idea of Justice 48 Capital University Law Review 285 (Fall, 2020) Judicial selection norms are being tested in significant ways. The current President Donald J. Trump is breaking standards of governance and political discourse related to judging and the rule of law in troubling and dangerous ways. At the same time, the abandonment of years of bi-partisan approaches to judicial selection in an era of extreme...; Search Snippett: ...2011) See, e.g. , Christianna Silva, Trump's Full List of Racist Comments About Immigrants, Muslims and Others Newsweek (Jan. 11, 2018), racist-comments-about-immigrants- muslims-and-others-779061 [& Ian Prasad Philbrick, Donald Trump's Racism: The Definitive List, Updated N.Y. Times (Jan. 15, 2018), 2020  
Shajuti Hossain Lessons from Blackamerican Lawyers' Social Justice Advocacy for Immigrant Muslim Lawyers 24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant...; Search Snippett: ...our Blackamerican sisters and brothers. A recent study by the Muslim Anti- Racism Collaborative found that 79% of Black, African, and Caribbean Muslim respondents in North America have experienced discrimination from other Muslims. [FN8] Meanwhile, only 35% of Middle Eastern and North Africans... 2020 Yes
Robert L. Tsai Racial Purges 118 Michigan Law Review 1127 (April, 2020) The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies...; Search Snippett: ...Jessica Taylor, Trump Calls for Total and Complete Shutdown of Muslims Entering U.S. , NPR (Dec. 7, 2015, 5:49 PM), 2020  
Mark Fathi Massoud, Kathleen M. Moore Shari'a Consciousness: Law and Lived Religion among California Muslims 45 Law and Social Inquiry 787 (August, 2020) Shari'a (commonly translated as Islamic law) is at the epicenter of anti-Muslim discourses in the United States. How do Muslims in the United States understand and experience shari'a in the context of virulent attacks on it and on Islam and Muslims more generally? This article explores the meanings Californian Muslims give to and the intentions...; Search Snippett: ...take-place-nationwide-june; The othering of Islam echoes a centuries-long history of racism against ethnic minority groups in the United States (Gotanda 2011; Selod and Embrick 2013; Sheehi 2018). The patterns... 2020 Yes
Paul Gowder The Dangers to the American Rule of Law Will Outlast the next Election 2020 Cardozo Law Review de novo 126 (2020) According to many constitutional lawyers and political scientists, the presidential administration of Donald Trump (for scholars on the left), or the response to that presidency (for scholars on the right) poses serious dangers to American constitutional democracy and the rule of law. However, this Essay argues that a more careful understanding of...; Search Snippett: ...Natasha Rivera Silber, & Nancy Morawetz, Uncovering USBP: Bonus Programs for United States Border Patrol Agents and the Arrest of Lawfully Present Individuals... 2020  
Rebecca Ruth Gould, Professor, Islamic World and Comparative Literature, University of Birmingham The Limits of Liberal Inclusivity: How Defining Islamophobia Normalizes Anti-Muslim Racism 35 Journal of Law and Religion 250 (August, 2020) Responding to recent calls made within the UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will...; Search Snippett: ...While hateful speech is often adjudicated in the abstract, anti- Muslim racism has a unique place in the hate speech debate, due to its unfortunate ubiquity across Europe, North America, and Oceania. However the question is examined, the role of... 2020 Yes
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